United States Second Circuit

In an action for misappropriation of trade secrets against credit reporting agencies engaged in the practice of permitting lenders competing with plaintiff to purchase pre-screened consumer reports containing "trigger leads" compiled by plaintiff, dismissal of the action is affirmed where: 1) the Fair Credit Reporting Act preempted state law claims based on pre-screened reports; and 2) plaintiff failed to identify the legal basis for defendants' alleged duty and obligation to maintain the confidentiality of trigger leads.

Appellate Information

• Decided 10/05/2009
• Published 10/05/2009

Judges

• PER CURIAM., Before: PARKER and WESLEY, Circuit Judges, and RESTANI, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Louis B. Cristo, Trevett Lenweaver & Salzer P.C., Rochester, NY, for Plaintiff-Appellant., James Chareq, Hudson Cook, LLP, Washington, DC, for Amicus Curiae Consumer Data Industry Association.


• For Appellees:
  
• Meir Feder, Jones Day, New York, NY, (Christopher R. Lipsett and David Sapir Lesser, Wilmer Cutler Pickering Hale & Dorr LLP, New York, NY, David Cooper and Victoria Dorfman, Jones Day, New York, NY, Craig E. Bertschi and Cindy D. Hanson, Kilpatrick Stockton LLP, Atlanta, GA, on the brief), for Defendants-Appellees.